HomeMy WebLinkAboutMinutes City Council - 09/14/2004I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of September 14, 2004, which were approved
by the City Council on September 21, 2004.
WITNESSETH MY HAND AND SEAL, on this the 21st day of September 2004.
A ando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 14, 2004 - 10:00 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Javier Colmenero (Arrived at 10:13 a.m.)
Council Members:
Brent Chesney
Henry Garrett
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
ABSENT
Melody Cooper
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Mike Behrendt of Galilean Lutheran Church, ELCA, and the
Pledge of Allegiance to the United States flag was led by Council Member Kinnison. City Secretary
Chapa called the roll and verified that the necessary quorum of the Council and the required charter
officers were present to conduct the meeting.
Mayor Neal thanked Mayor Pro Tem Colmenero for presiding over the August 31 Council
meeting in his absence.
Mayor Neal called for approval of the minutes of the joint Council meeting of August 24,
2004 and the regular Council meeting of August 31, 2004. A motion was made and passed to
approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal referred to Item 2 and the following board appointments were made:
Electrical Advisory Board
Bill Ewing (Appointed)
Richard Gray (Appointed)
Nueces County Community Action Agency
Mayor Loyd Neal (Reappointed)
Council Member Javier Colmenero (Reappointed)
Council Member Jesse Noyola (Reappointed)
* * * * * * * * *
Sister City Committee
Randy Farrar (Reappointed)
Hsiu "Mindy" Chang (Reappointed)
Regis Barber (Reappointed)
Sonia Quadros Heil (Appointed)
Heather S. Moretzsohn (Appointed)
Joseph P. Alley (Appointed)
Venecia Kelly (Appointed)
Vicki Garza (Appointed)
Minutes - Regular Council Meeting
September 14, 2004 - Page 2
Mayor Neal referred to the presentations on the day's agenda. He deviated from the agenda
and referred to Item 4, a presentation on the hurricane evacuation lane on 1-37. TxDOT District
Engineer Craig Clark introduced Mr. Ismael Soto, director of transportation operations, to report on
TxDOT's progress on hurricane planning and evacuation in the area. Although TxDOT was working
to improve the hurricane evacuation process on I-37, Mr. Soto emphasized that the use of alternate
routes and the need for citizens to develop individual evacuation plans were high priorities.
Mr. Soto reviewed the evacuation issues learned from previous hurricane events. Three areas
were especially susceptible to congestion as follows: the JFK causeway, the SH 358/I-37
interchange, and the I-37/US 77 interchange. He said the greatest traffic congestion was
experienced in the latter intersection, I-37/US 77 interchange in the Calallen area.
Mr. Soto discussed the various improvements made to each of the areas. Regarding the JFK
causeway, he said an elevated section of the causeway was opened in August 2004. A four -lane
divided roadway was scheduled for completion in October or November 2004. Finally, he said the
entire project was estimated for completion in November or December 2004.
With regard to the SH 358 (South Padre Island Drive) and I-37 area, Mr. Soto reported on
several improvements. First, he said the one -lane connector ramp in that area had been converted
into a two-lane connector ramp to address congestion problems. He said TxDOT had also milled
the surface of this roadway to provide better traction in wet weather. Second, he said a
$1,604,860.72 contract was awarded to Bay, Ltd. to rebuild the Lantana Street overpass and re -work
the S.P.I.D. to northbound I-37 connector to support two lanes. The work was scheduled to begin
after hurricane season. Third, he discussed progress on the plan to reduce the shoulders of I-37 to
create an additional hurricane evacuation lane. The plan was comprised of two projects as follows:
an urban section approximately 18 miles long and a rural section approximately 51.5 miles long.
He reported the northbound urban section was substantially complete and ready for use, and the rural
section was close to completion. He said both projects were scheduled for completion this year.
He noted the rural section of the project began at the I-37 / US 77 interchange, and would convert
the shoulder into a third evacuation lane until State Highway 72, north of Three Rivers. Mr. Soto
stated that TxDOT would need 2-4 days notice to implement the necessary re -striping and signage
for the project.
Mr. Scott questioned whether the city would be able to provide TxDOT with three days
notice before a hurricane event for lane re -striping and roadway signage. Mr. Soto replied that
advances in hurricane forecasting made this type of notice possible. He also said TxDOT had
redesigned the plan for a quicker response time.
Mr. Soto reported on signage improvements for the rural evacuation lane. He said they
designed a standard sign with a plaque on the bottom right that can be changed quickly.
Mr. Soto discussed the plan to transition the hurricane evacuation lane back into a shoulder.
He said the plan was to transition the roadway at State Highway 72, allowing citizens to take the
following alternate routes: continue northeast on Hwy. 72 to Karnes City; take S.H. 183 to the
Austin/San Marcos area; or take Hwy. 16 at Three Rivers to San Antonio. In addition, he said
TxDOT was in the process of implementing a new lane configuration to extend the limits of Hwy
72, and the San Antonio district in turn was working on intersecting this roadway to Hwy. 281 to
Minutes - Regular Council Meeting
September 14, 2004 - Page 3
Pleasanton. He stated that Hwy. 281 was a good route that could better handle the large capacity
traffic into San Antonio. He anticipated that the plan would be implemented by next year.
Mr. Soto also reported that 1-37 has been resurfaced with a new type of pavement called a
"porous friction course". The porous friction course served to reduce spray from vehicles and
improve traction in wet weather by making the rain flow through the pavement instead of over the
surface of the pavement.
In conclusion, Mr. Soto reminded the Council and the citizens there were alternate
evacuation routes that were not being fully utilized as follows: US 77 to US 183; FM 624 to SH 16;
SH 44 to Laredo; FM 43 to FM 665 to SH 44; and FM 70 to SH 44. He said even with all the
hurricane evacuation route improvements to I-37, it would still be subject to congestion under heavy
usage. He recommended that citizens work on their individual evacuation plans (e.g. to do list, pack
provisions, alternate routes) now so they would be prepared to leave early in case of a hurricane
evacuation. He said TxDOT, in conjunction with the city, had prepared brochures and maps
delineating the alternate evacuation routes for the public. In addition, he said TxDOT would provide
up-to-date roadway information to the public during a hurricane evacuation event at their toll-free
number (1-800-452-9292) or on their website (www.dot.state.tx.us/road conditions).
Mr. Kelly acknowledged the new surface on I-37 was extraordinary during wet weather
conditions. He noted a dramatic difference in performance, however, where there were gaps
between the old pavement and the new pavement. He asked when the gaps would be closed. Mr.
Clark replied TxDOT was in the process of filling the gaps now.
* * * * * * * * * * * * *
Mayor Neal referred to Item 3, a briefing by the South Texas Military Facilities Task Force.
Mr. Steve "Spike" Karlakeas reported on their efforts to keep the area's military facilities open
during the Base Realignment and Closure (BRAC) process. Using a baseball analogy, Mr.
Karlakeas said the area was now in the seventh inning of a nine inning game. He said the
Department of Defense's base closure process was moving forward quickly. Under the law, the
DOD was required to disclose a list of proposed closures and realignments by May 16, 2005. He
said, however, they had received a number of reports indicating that the DOD was accelerating the
process and may complete its work by early next year. He said the task force was working on this
assumption.
Mr. Karlakeas stated Secretary of Defense Rumsfeld wished to close 25 percent of the
installations in the United States, amounting to approximately 100 more bases. He said this BRAC
would probably be the last round in our lifetime.
Mr. Karlakeas thanked the city and the surrounding counties for their financial support of
the military task force. He said now that the effort was in the eleventh hour, the task force needed
additional reinforcements to strengthen their efforts. First, they needed representation from the
senior leadership in the navy. Second, they needed a mine warfare expert to help further the region's
case. He introduced Admiral Paul Ryan, the former commander of the city's Naval Air Station, who
they have retained to provide the expertise. He also introduced Admiral Al Konetzni, recently
retired from the navy, who they have retained as well. Admiral Konetzni stated he thought having
Minutes - Regular Council Meeting
September 14, 2004 - Page 4
a center of excellence in mine warfare in Ingleside, TX was of utmost importance to national
security. He also thought that if the Ingleside facility was closed, the country would have to wait
for another facility to open, creating a great security risk. In conclusion, he was convinced keeping
the military installations in the area open was well worth the fight.
* * * * * * * * * * * * *
Mayor Neal referred to Item 5, the quarterly update from Work -Force 1. City Manager Noe
introduced Mr. Oscar Martinez, noting that this would be his last time representing Work -Force 1
since he has was joining city staff as an assistant city manager next month. Mr. Martinez stated
Work -Force 1 Chairperson Irma Caballero was scheduled to give today's presentation, but was
unable to attend, so he was making the presentation in her absence.
Mr. Martinez stated the board was looking at the selection of a new CEO as an opportunity
to seek an individual who would use a business model approach, had knowledge of the workforce
system, had local relationships in the community, and add a business process and design to the
organization.
Mr. Martinez also reported on the new direction of the board itself. He said the board was
moving its focus from administrative and operational issues, and instead focusing on strategic issues
affecting workforce services and economic development. Toward this end, he said the board would
look at strategic partnerships to make its limited resources go further, and to pursue grantwriting
opportunities to better target the needs of the community beyond the limits of the usual workforce
funding. In addition, the board desired to create more community involvement and development,
and create a better relationship with economic development organizations in the area.
Mr. Martinez announced Work -Force 1 would host an economic development panel
discussion for next week to inform economic development corporations in the region on the business
needs in the area. He said they would also share the results of the regional cluster analysis study
performed by Dr. Jim Lee of Texas A&M University -Corpus Christi. He said the study would
promote understanding which industries were particular drivers of the region's economy to ensure
that Work -Force 1 services were positioned to support them. In addition, he said Work -Force 1 was
working on city and county data to share with local elected officials and others to gauge whether
they were truly responding to the needs of the community. In conclusion, Mr. Martinez thanked the
board and the Work -Force 1 system for their support, and thanked for the opportunity to be of
service.
Mr. Martinez introduced Ms. Deborah Arnold, Work -Force 1 Director of Planning, to report
on the industry cluster analysis study. Ms. Arnold stated the purpose of the cluster analysis was to
obtain a better understanding of the industry composition within the entire 12 -county workforce
region.
Ms. Arnold defined industry clusters as "engines" of an economy, driving its prosperity. She
said the five industries identified in the coastal bend area were as follows: petrochemical, health
care, hospitality, construction, and education. She displayed a graph showing how the five industry
clusters performed.
Minutes - Regular Council Meeting
September 14, 2004 - Page 5
Ms. Arnold reviewed the strengths and weaknesses of each cluster. Regarding the
petrochemical industry cluster, she said their strengths were as follows: export -oriented industries;
occupations with high wages and skills; location advantages, including geographic concentration,
infrastructure support, and proximity to the Port and Houston. The weaknesses were as follows:
declining employment trends; sensitive to oil price movement; and possible environmental impacts.
With regards to the construction cluster, its strengths were relatively high wages and a mix
of occupational skills. The weaknesses were that they were non -export oriented industries and their
sensitivity to regional economic conditions.
The strengths of the health care cluster was characterized as follows: well-established
facilities; large numbers of occupations with high wages and skills; served the needs of retirement
communities and aging population; enhanced the community's quality of life; and the presence of
a nursing school and other medical workforce training facilities in the area. The weaknesses of the
health care industry cluster were competition with medical centers in Houston and San Antonio, and
a lack of training programs for physicians.
The strengths of the education cluster were as follows: complementary to other industries
and growing workforce training programs at regional universities. The weaknesses were their
reliance on public funding and that they were non -export oriented industries. She noted that this
category typically included government entities, but government was excluded from this particular
study due to a coding issue. She said the size of the employment in this industry was second only
to the Corpus Christi Army Depot. In addition, she said this industry cluster was noteworthy
because it could address the problems with educational attainment in the community which affect
wages and income earnings for the community.
Regarding the hospitality cluster, the strengths of this cluster are as follows: the community's
potential as a top tourist destination with attractions; strong community support with major
construction projects (e.g. multi purpose arena); and enhances the community's quality of life. The
weaknesses were characterized by the mostly low-paying, low -skill jobs in this industry and
geographical disadvantages when compared with San Antonio and Houston.
Ms. Arnold discussed what the clusters represented to the region's economy. First, she said
the clusters represented a diverse mix in the coastal bend, accounting for 44 percent of the regional
total employment. Second, the health care, education, and hospitality industry clusters share about
10 percent of the total regional workforce. Third, these five clusters were projected to gain 8,930
jobs by 2010, accounting for 32.6 percent of projected employment growth. Fourth, the five
industry clusters account for a total of 4,209 firms or about 40 percent of all firms in the coastal bend
area. Fifth, she said the five identified clusters closely match Work -Force 1's existing "targeted"
industries, those industries which drive the selected training opportunities for those participants
coming to the Work -Force centers.
Ms. Arnold provided statistics on Work Force 1's training opportunities related to the
identified clusters. Since July 2002, there were a total of 677 persons trained with Work Force
Investment Act funds, and over 400 of those individuals were trained in the health care industry (72
percent). She said over 100 individuals (18 percent) were trained in truck driving, a support to the
construction industry and petrochemical industries. Finally, she said only 50 participants (18
Minutes - Regular Council Meeting
September 14, 2004 - Page 6
percent) were trained in education -related industries. She noted that no training was held for
electricians, plumbers, or carpenters in support of the construction industry, and the goal was to
better align Work Force 1's training resources with projected industry needs.
Ms. Arnold covered several initiatives to better address projected industry needs. Focusing
on the education industry, she mentioned a self-sufficiency grant given to CCISD as business partner
and Del Mar College as fiscal agent, with the goal of providing training to paraprofessionals to gain
certifications as certified teachers. An apprenticeship initiative was also created to better meet the
needs of the construction industry in the area, partnering with the following organizations: Texas
Gulf Coast Electrical Joint Apprenticeship and Training Committee, South Texas Chapter of the
Associated General Contractors, Associated Builders & Contractors Texas Coastal Bend Apprentice
Program, and the Corpus Christi Air Conditioning and Plumbing Contractors Association. Finally,
she discussed an economic development alignment to discuss the following issues: areas of
consensus; potential growth industries; workforce availability; training opportunities; and emerging
industries. In conclusion, Ms. Arnold stated numerous data sources were available on Work Force
1's website for more information.
Mayor Neal thanked Ms. Arnold, Mr. Martinez, and the Work Force 1 Board of Directors,
for their efforts to move the organization forward.
* * * * * * * * * * * * *
Mayor Neal called for consideration of the consent agenda (Items 6-29). City Secretary
Chapa announced that Council Member Noyola was abstaining from the vote and discussion on
Items 26 and 29. Mr. Jack Gordy, 4118 Bray, requested that Item 15 be discussed. Council
members requested that Items 7, 11, and 22 be discussed. A motion was made and passed to
approve Items 6 through 29, constituting the consent agenda, except for Items 7, 11, 15, and 22,
which were pulled for individual consideration. City Secretary Chapa polled the Council for their
votes as follows:
6. MOTION NO. 2204-347
Motion approving a supply agreement with SBC, of Austin, Texas for hardware and
operating system maintenance and support on the City's Cisco network equipment in
accordance with the State of Texas Cooperative Purchasing Program for a total amount of
$108,894.30. The term of the contract will be for twelve months with an option to extend
for up to two additional twelve-month periods subject to the approval of the supplier and the
City Manager or his designee.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
September 14, 2004 - Page 7
8.a. MOTION NO. 2004-349
Motion authorizing the City Manager or his designee to accept grant funding in the amount
of $77,491 from the Texas Department of Transportation for a SPEED Selective Traffic
Enforcement Project (STEP) in the Police Department for overtime speed enforcement and
to execute all related documents.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
8.b. ORDINANCE NO. 025933
Ordinance appropriating $77,491 from the Texas Department of Transportation for funding
for a SPEED Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
9.a. RESOLUTION NO. 025934
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with the Coastal Bend Council of Governments in the amount of
$10,000 for a Community Outreach Campaign on the City's new anti -litter ordinance,
including recycling and illegal dumping efforts.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
9.b. ORDINANCE NO. 025935
Ordinance appropriating $10,000 from the Coastal Bend Council of Governments in the No.
1051 Solid Waste Grants Fund for Community Outreach Campaign on the City's new anti-
litter ordinance, including recycling and illegal dumping efforts.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
9.c. RESOLUTION NO. 025936
Resolution authorizing the City Manager or his designee to execute a Solid Waste Grant
Interlocal Agreement with the Coastal Bend Council of Governments in the amount of
$26,619 to provide funding for the City's Assistant Compliance Officer.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
September 14, 2004 - Page 8
9.d. ORDINANCE NO. 025937
Ordinance appropriating $26,619 from the Coastal Bend Council of Governments in the No.
1051 Solid Waste Grants Fund to provide funding for the City's Assistant Compliance
Officer.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
9.e. RESOLUTION NO. 025938
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with the Coastal Bend Council of Governments in the amount of
$2,000 for an Educational Program on the City's landfill operations.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
9.f. ORDINANCE NO. 025939
Ordinance appropriating $2,000 from the Coastal Bend Council of Governments in the No.
1051 Solid Waste Grants Fund for an Educational Program on the City's landfill operations.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
10. ORDINANCE NO. 025940
Ordinance appropriating $2,000 from the Alamo Area Council of Governments in the No.
1071 Community Enrichment Grants Fund for use in the Greater Corpus Christi Clean Cities
Coalition programs.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
12.a. RESOLUTION NO. 025943
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$80,000 and to execute a contract and all related documents with the Texas State Library and
Archives Commission to continue operation of the Technical Assistance Negotiated Grant
program located at the Corpus Christi Public Library.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
September 14, 2004 - Page 9
12.b. ORDINANCE NO. 025944
Ordinance appropriating a grant of $80,000 from the Texas State Library and Archives
Commission in the No. 1068 Library Grants Fund for a full-time computer repair technician
for public libraries within the South Texas Library System.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
13.a. RESOLUTION NO. 025945
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$143,518 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the Interlibrary Loan Referral Center
located at the Corpus Christi Public Library.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
13.b. ORDINANCE NO. 025946
Ordinance appropriating a grant in the amount of $143,518 from the Texas State Library and
Archives Commission in the No. 1068 Library Grants Fund to continue operation of the
Interlibrary Loan Center located at the Corpus Christi Public Library.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
14.a. RESOLUTION NO. 025947
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$707,709 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the South Texas Library System located
at the Corpus Christi Public Library.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
September 14, 2004 - Page 10
14.b. ORDINANCE NO. 025948
Ordinance appropriating a grant in the amount of $707,709 from the Texas State Library and
Archives Commission in the No. 1068 Library Grants Fund to continue operation of the
South Texas Library System located at the Corpus Christi Public Library.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
16.a. RESOLUTION NO. 025949
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of Health authorized in the amount of $640,245 for bioterrorism preparedness.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
16.b. ORDINANCE NO. 025950
Ordinance appropriating a grant in the amount of $640,245 in the No. 1066 Health Grant
Fund from the Texas Department of Health for bioterrorism preparedness.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
17. MOTION NO. 2004-350
Motion authorizing the City Manager or his designee to execute Subrecipient agreements for
funds provided from the FY 2004 Community Development Block Grant (CDBG) Program
and Emergency Shelter Grant (ESG) Program.
FY2004 CDBG Program:
a. Harbor Playhouse Company - $50,000 for replacement of all roof systems on the
building with the exception of the roof over the office located at 1 Bayfront Park.
FY2004 ESG Program for Homeless Activities:
b. The Salvation Army - $15,000 for the provision of essential services including
services concerned with employment, physical health and education of the homeless,
and payment of maintenance and operations that includes rent, insurance, utilities
and furnishings.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
September 14, 2004 - Page 11
18. MOTION NO. 2004-351
Motion authorizing the City Manager or his designee to execute a Utility Easement, Surface
Site Easement and Access Easement instrument with R. Bryan Gulley, for Parcels IA, 1B,
1C, and 1D in the total amount of $85,000, necessary for the Rincon Bayou Diversion
Pipeline, Project No. 8416, and for other municipal purposes.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
19. MOTION NO. 2004-352
Motion authorizing the City Manager or his designee to execute a Utility Easement
instrument with Agnes L. Polasek, et al, for Parcel 3, in the total amount of $78,800 plus
$1,500 in closing costs, necessary for the Buckingham Estates Lift Station and Force Main
Diversion Project No. 7117 and for other municipal purposes.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
20. MOTION NO. 2004-353
Motion authorizing the City Manager or his designee to execute Change Order No. 9 with
Holloman Corporation, of Converse, Texas in the amount of $70,971.10 for the Kostoryz
Lift Station and Force Main Project to decommission offsite Cabaniss and Crestmont lift
stations and convert the offsite temporary force main into a gravity line.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
21. MOTION NO. 2004-354
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Engineering & Construction Management Services, of Corpus Christi, Texas
in the amount of $31,680 for Americans with Disabilities Compliance at Various Sites:
* Individual Requests - Staples from Brownlee to DeForrest
* Mary Grett Cunningham Middle School area
* Memorial Hospital area
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
September 14, 2004 - Page 12
23. MOTION NO. 2004-356
Motion authorizing the City Manager or his designee to authorize an agreement with
American Electric Power (AEP) in the amount of $140,543.12 for the Street Lighting System
for the Seawall Reconstruction Project Contract C - Peoples Street to Coopers Alley.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
24. MOTION NO. 2004-357
Motion authorizing the City Manager or his designee to make an additional payment in an
amount not to exceed $64,000 to Wilson Plaza Associates, L.P. for modifications to the
City's Detention and Magistration Center located at Wilson Plaza, Suite 113-A.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
25. RESOLUTION NO. 025951
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with San Patricio County in the amount of $40 per prisoner per day
for jail services.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
26. ORDINANCE NO. 025952
Ordinance appropriating $150,000 into Passenger Facility Charge Fund No. 4621 from
unreserved Fund Balance for Passenger Loading Bridges at the Corpus Christi International
Airport; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to
increase appropriations by $150,000.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott, voting
"Aye"; Cooper was absent; Noyola abstained.
Minutes - Regular Council Meeting
September 14, 2004 - Page 13
27. RESOLUTION NO. 025953
Resolution authorizing the South Texas Aggregation Project, Inc. (STAP) to negotiate an
electric supply agreement for deliveries of electricity effective January 1, 2005; authorizing
the City Manager or his designee to sign a contract with STAP for the City of Corpus
Christi's 2005 electricity needs; and committing to budget for energy purchases in 2005 and
to honor the City of Corpus Christi's commitments to purchase power for its electrical needs
in 2005 through STAP.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
28. ORDINANCE NO. 025930
Ordinance authorizing the City Manager or his designee to execute a Drainage Easement
Maintenance Agreement with Home Depot, U.S.A., Inc. (Owner), allowing owner the right
to use the 10 -foot wide (3,660 -square feet) drainage easement by building a garden center
structure out of Lot 10R, Block 1, Moore Plaza, from manhole to manhole, with specified
conditions; and establishing a fee of $18,300.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
29. ORDINANCE NO. 025954
Authorizing the City Manager or his designee to execute a long term lease expiring
September 30, 2016 with the Federal Aviation Administration for an Airport Surveillance
Radar Facility Site at Evelyn Price Park located in the City of Corpus Christi. (First Reading
- 8/17/04)
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott, voting
"Aye"; Cooper was absent; Noyola abstained.
Mayor Neal opened discussion on Item 7 regarding the TxDOT Driving While Intoxicated
Selective Traffic Enforcement Project (STEP) grant. Mr. Kinnison noted there were thirteen alcohol
-related deaths in the city this year, and he asked for any data showing if certain areas of town (e.g.
downtown) or certain establishments were contributing to the problem. Mr. Noe replied staff would
provide a report on alcohol-related fatalities as well as DWI arrests to see if there were any patterns.
City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
September 14, 2004 - Page 14
7.a. MOTION NO. 2004-348
Motion authorizing the City Manager or his designee to accept grant funding in the amount
of $44,380 from the Texas Department of Transportation for a Driving While Intoxicated
Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI
enforcement and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
7.b. ORDINANCE NO. 025932
Ordinance appropriating $44,380 from the Texas Department of Transportation for funding
for a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) in the No.
1061 Police Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Mayor Neal opened discussion on Item 11 regarding a gift from Walmart for the Northwest
Branch Library. Mr. Kelly recognized Walmart for their donation to the library, saying they were
another example of a good corporate citizen contributing to the community. City Secretary Chapa
polled the Council for their votes as follows:
11.a. RESOLUTION NO. 025941
Resolution authorizing the City Manager or his designee to accept a $2,000 gift from
Walmart to purchase books and other library materials for the Northwest Branch Library.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
11.b. ORDINANCE NO. 025942
Ordinance appropriating a $2,000 gift from Walmart in the General Fund No. 1020 to
purchase library materials and amending the FY 2004-2005 Operating Budget adopted by
Ordinance No. 025878 to increase appropriations by $2,000.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Mayor Neal opened discussion on Item 15 regarding an annual grant for access studio
equipment. Mr. Jack Gordy, 4118 Bray, asked the Council to withhold payment of the $7,000 grant
award to NuPAC, Incorporated because of serious concerns regarding the NuPAC leadership and
the management of the studio. He said NuPAC President Cruz Colomo had made several
Minutes - Regular Council Meeting
September 14, 2004 - Page 15
questionable management decisions, including allowing the studio's insurance to lapse, restricting
studio access, failing to pay the studios electricity bill, and using NuPAC funds for expenses that
were not allowed under the contract. Finally, Mr. Gordy suggested that if the Council did decide
to approve the grant, the city should take steps to assume control of the funds to prevent further
misuse.
Mr. Noyola asked if the Cable Communications Commission was aware of the problem, and
asked if they had taken any action. Director of E -Government Services Susan Cable explained the
Cable Commission oversaw the activities of the public access user groups, but by contract, the city
oversaw the use of the studio. She reported the $7,000 grant in question was from October 2003,
and the grant award was postponed pending a police investigation and financial audit due to a
complaint. She said no violation was found, so the funds can now be distributed. She noted the
current contract restricted the use of funds for the repair and replacement of equipment only. She
reported last Friday, the city sent a certified letter to NuPAC citing their concerns about the studio's
management, and gave them ten days to address the concerns.
Cable Communication Commission Chairman Richard Pulido stated that the commission was
taking a proactive approach to the problems with public access user groups. He said on August 30,
the commission directed the PAUG to review their bylaws and regulations to see if they could come
to an agreement on how the PAUG should be run. He asked the Council to postpone the funding
request until the PAUG have demonstrated that they are moving forward in a professional manner.
In response to Mr. Colmenero's question, Chairman Pulido stated the commission would be meeting
on September 27 with the PAUG board members to discuss their progress, and he asked the Council
to wait until after this meeting before approving the grant.
Mr. Kinnison thanked Chairman Pulido and the Cable Communications Commission for their
efforts to resolve this problem. He stated the city should strongly consider controlling the funds in
the future to ensure that the funds were being used properly. Mr. Noyola agreed with Mr. Kinnison.
City Manager Noe replied the funds in questions were approved for use in 2003-04, and thus were
covered under the provisions of the previous contract. He said the contract had now expired,
however, and staff could amend the new contract to provide for city control of the funds. Ms. Cable
added staff would also require the president of NuPAC to sign an acknowledgment form citing the
allowable uses for the funds and requiring them to submit receipts for any expenditures.
Mr. Kelly stated it was becoming tiresome that the Council was continually becoming
involved in the PAUG's basic financial and operational issues. He asked if the Cable
Communications Commission could be given the authority to distribute funds to PAUG. City
Manager Noe replied to this point, the commission has been involved in operational issues. He said
staff could explore how to involve the commission more directly in the PAUG's financial oversight
as well.
Mr. Jerome Bradford, a PAUG producer, spoke regarding concerns about the historical
problems with NuPAC leadership, and the lack of funding for the studio.
Mr. Kinnison made a motion to table Item 15 until the first Council meeting in October
(October 11), seconded by Mr. Kelly, and passed.
Minutes - Regular Council Meeting
September 14, 2004 - Page 16
15. TABLED UNTIL OCTOBER 11, 2004
im�La!ICC app
Full d Rcs rvc fur at,ccs3 studio cquipiiicid.
ca by Gab1. OpCiaLaiS ul ti K II la
Mayor Neal opened discussion on Item 22 regarding an underground storage tank mitigation
contract. Mr. Kelly asked for a status report on the city's progress in mitigating the underground
storage tanks at the Old RTA Facility. Assistant Director of Engineering Services Kevin Stowers
replied the TCEQ was reviewing the results of the last year of monitoring and ground water
withdrawal to see if the area could be closed as an active site. If the TCEQ determined there was
still product in the ground greater than their closure requirements, they would require additional
mitigation efforts. Mr. Kelly asked if the TCEQ closed the site, could the site be used for another
purpose. Assistant City Manager Ron Massey replied affirmatively, noting there were limitations
on the usage. He said the city was optimistic the site would be closed. City Secretary Chapa polled
the Council for their votes as follows:
22. MOTION NO. 2004-355
Motion authorizing the City Manager or his designee to assign the contract with Applied
Earth Sciences, Inc. of Houston, Texas for Underground Storage Tank Mitigation (Contract
No. 2) for Fire Station No. 10 and the Old Regional Transportation Authority Facility to
Delta Environmental of Shoreview, Minnesota.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
* * * * * * * * * *
*
**
Mayor Neal referred to Item 32.a., and a motion was made, seconded and passed to open the
public hearing on the following item:
32.a. Public hearing to consider abandoning and vacating a 30,000 -square foot portion of an
undeveloped and unsurfaced 20 -foot wide dedicated public right-of-way out of Lots 1, 8, and
9, Artemus Roberts Subdivision (approximately 0.86 miles south of the Leopard Street right-
of-way and west of the Rand Morgan Road Street right-of-way); subject to owner's
compliance with the specified conditions.
No one spoke in opposition to the abandoning and vacating of the public right-of-way. Mr.
Noyola made a motion to close the public hearing, seconded by Mr. Chesney, and passed. City
Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
September 14, 2004 - Page 17
32.b. ORDINANCE NO. 025955
Ordinance abandoning and vacating a 30,000 -square foot portion of an undeveloped and
unsurfaced 20 -foot wide dedicated public right-of-way out of Lots 1, 8, and 9, Artemus
Roberts Subdivision (approximately 0.86 miles south of the Leopard Street right-of-way and
west of the Rand Morgan Road Street right-of-way); subject to owner's compliance with the
specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
* * * * * * * * * * * * *
Mayor Neal opened discussion on Item 33 regarding a federal cost sharing agreement for the
Nueces River Feasibility Study. Assistant City Manager Ron Massey reported the Council had
previously approved a draft federal cost sharing agreement which was forwarded to the Corps of
Engineers for review. He said minor changes were made to the agreement that had been approved
by staff and the other partners. The Council's approval today would allow the city manager to sign
the contract on behalf of the city, and would appropriate the city's first year share of the project
study costs ($118,000).
Mr. Kelly asked if the recharge enhancement projects were approved, would the feasibility
study address what mitigation efforts the city was entitled to. Mr. Massey replied mitigation efforts
would be part of the feasibility study, and it was important for the city to be involved in the study
to ensure that the mitigation would be acceptable to the city. Mr. Kelly expressed concern about San
Antonio's efforts to infringe on the city's water rights, and he was wary of this project. City Manager
Noe replied the feasibility study was completely separate from the city's dispute with San Antonio
over existing recharge initiatives. Mr. Kelly said the city should still keep a close eye on the
situation. There were no comments from the audience. City Secretary Chapa polled the Council
for their votes as follows:
33.a. RESOLUTION NO. 025931
Resolution authorizing the City Manager or his designee to execute a Federal Cost Sharing
Agreement between the Department of the Army and Nueces River Authority, City of
Corpus Christi, San Antonio Water System, San Antonio River Authority, and Guadalupe -
Blanco River Authority for the Nueces River and Tributaries, Texas Feasibility Study.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
3eanreeze olive woma nmaer accessroruty to men- property arm arrect me quality or access.
Minutes - Regular Council Meeting
September 14, 2004 - Page 18
33.b. ORDINANCE NO. 025956
Ordinance appropriating $118,820 from the No. 4010 Water Fund for the City's initial cost
share under Federal Cost Sharing Agreement between the Department of the Army and the
Nueces River Authority, City of Corpus Christi, San Antonio Water System, San Antonio
River Authority, and Guadalupe -Blanco River Authority for the Nueces River and
Tributaries, Texas Feasibility Study.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
Mayor Neal called for a brief recess to present proclamations.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Neal called for petitions from the audience.
Ms. Ria Jacobson, 2921 Coleman, spoke regarding concerns about the risque content of a number
of billboards in the city and programming on Channel 7.
* * * * * * * * * * * * *
Mayor Neal referred to Item 31.a., and a motion was made, seconded and passed to open the
public hearing on the following item:
31.a. Public hearing to consider abandoning and vacating a 27,082 -square foot portion of an
undeveloped and unsurfaced 60 -foot wide dedicated public right-of-way (Seabreeze Drive)
extending 451 linear feet north of South Padre Island Drive and east of Southbay Drive, out
of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex; subject to owner's
compliance with the specified conditions.
City Secretary Chapa announced this ordinance would be read in two readings, this being
the first reading. He also stated Council Member Scott would be abstaining from the vote and
discussion on this item.
Director of Development Services Barbara Bailey explained the city had received a request
from Ms. Dawn Melancon, Mr. Arnold Krueger, and the Baptist Foundation of Texas, to close
Seabreeze Drive. She said they comprised two of three abutting property owners in the area, and
were requesting the closure to build a multi -story apartment complex that would not be divided by
a public road.
Ms. Bailey reported when staff evaluated a request for abandonment, they needed to ensure
all public interest in the road had been extinguished. She said the public interest in the road was
mostly extinguished, with the notable exception of the third abutting property owners where the
undeveloped public right-of-way deadended, Dr. and Mr. Guthrie. Dr. and Mr. Guthrie were
opposed to the abandonment and vacation of the public right-of-way because the closing of
Seabreeze Drive would hinder accessibility to their property and affect the quality of access.
Minutes - Regular Council Meeting
September 14, 2004 - Page 19
Ms. Bailey said staff met with the Guthries and informed them they would still be able to
access their property from Baylark Drive, Cayo Drive, and Seashore Drive, local streets in the area.
Without Seabreeze Drive, however, the access to their property was less than ideal because it would
be limited to a local street. Generally, she said apartments were placed on collector streets due to
density and resulting traffic. In addition, if the proposed development proceeded, it would make the
rear property less suited to single family development.
Ms. Bailey stated that the preferred solution would be to provide alternative access to the
Guthries's property. She showed a proposed alternate road to the rear property branching off of
Southbay Drive that would not require going through a local street. Staff was proposing that the
developer pay for the cost of the proposed street, approximately $45,000, as well as approximately
$20,000 toward storm sewer and water improvements. Ms. Bailey also stated many residents in the
area had signed a petition in favor of the closure of Seabreeze Drive.
Mr. Larry Urban with Urban Engineering, representing the applicants, stated Seabreeze
Drive was approximately 27,000 square -feet, valued at approximately $27,000. The proposed
alternate access road was approximately 21,000 square feet. He said the applicants proposed
swapping the cost of 21,000 square feet of the proposed alternate access road for the cost of 21,000
square feet of Seabreeze Drive. This would leave a difference of 6,000 square feet, which the
developer agree to pay for at the appraised value of $1 per square foot. In addition, the applicants
proposed paying the city $62,400 for the cost of the water, sewer, paving, drainage, and curb and
gutter improvements for the proposed alternative access road.
Mrs. Mary Ann Guthrie spoke in opposition to the closing of Seabreeze Drive. She
commented this was the first time she had heard about the proposed alternate route. She was
interested in the proposal because it seemed that the developer would bear the cost of the new road,
which seemed fair in her opinion. She and her husband were unhappy, however, with the very short
amount of notice they had been given about the issue. On August 12, 2004, Ms. Bailey had
informed them that the street closure was not going to take place. Three weeks later, Mrs. Guthrie
said Mr. Willie Medina with Development Services called and said the closure was going to take
place after all. She received one week's notice that the item was going to be on the agenda today,
and received a mailed notice three days before today's hearing.
Mr. Kelly questioned closing Seabreeze Drive because it would limit access from the
Guthries's property to S.P.I.D. Ms. Bailey replied that an off -ramp from SPID was located directly
in front of Seabreeze Drive. The proximity of the off -ramp to the Seabreeze did not make it a safe
access point to the any of the properties abutting the street. She said TxDOT preferred that a
replacement street be implemented.
Mr. Kelly was sympathetic to Dr. and Mrs. Guthrie's assertion that they were given
insufficient notice and information about the matter. He thought it would be premature to approve
the ordinance until more discussion had taken place. Ms. Bailey replied staff was recommending
two readings for this ordinance to allow for more discussion with the interested parties. Staff was
not recommending final action at this meeting, but instead wanted to hold the public hearing and
then bring the item back at a later date. Ms. Bailey said staff wanted to give Dr. and Mrs. Guthrie
more time to digest the offer before making a decision.
Minutes - Regular Council Meeting
September 14, 2004 - Page 20
Mr. Chesney expressed concern that the Guthries were given such short notice about the
matter. He did not want to pass the ordinance on first reading, suggesting instead that the item be
tabled and brought back as an emergency ordinance next week. Mr. Noyola and Mr. Colmenero
agreed with Mr. Chesney.
Ms. Dawn Melancon, one of the applicants, stated she has been trying to work with the
Guthries, but they did not seem to want to communicate with her.
A motion was made, seconded, and passed to close the public hearing. Mr. Chesney made
a motion to table this item until next week (9/21/04), bringing it back as an emergency ordinance,
seconded by Mr. Colmenero, and passed.
31.b. TABLED UNTIL SEPTEMBER 21, 2004
Ordinance abandoning and vacating a 27,082 -square foot portion of an undeveloped and
unsurfaced 60 -foot wide dedicated public right-of-way (Seabreeze Drive) extending 451
linear feet north of South Padre Island Drive, out of Lot A, Block 2, and Lot A, Block 3,
Southbay Addition Annex; subject to owner's compliance with the specified conditions.
Mayor Neal referred to Item 30.a., and a motion was made, seconded, and passed to open
the public hearing on the following item:
30.a. Public hearing to consider approving and adopting the Wastewater Collection System Master
Plan - Allison Service Area as described on Attachment 1, which amends the Master
Sanitary Sewer Plan as prepared by Reagan and McCaughn and adopted December 23, 1964
by Ordinance No. 7441 and rescinds the Sanitary Sewer Master Plan, save and except the
Storm Sewer Master Plan, for the areas of Wood River, River Hills, Valley View, and Quail
Valley in the area of Farm -to -Market Road 624 west of Highway 77 adopted March 10, 1982
by Ordinance No. 16927.
City Engineer Angel Escobar stated that there were six areas in the city's Wastewater
Collection System as follows: Allison service area (extreme northwest); Whitecap (Padre Island);
Laguna Madre (Flour Bluff); Oso (extreme east); Greenwood; and Broadway (downtown). He said
these amendments to the Wastewater Collection System Master Plan would focus on the Allison
service area only. He said the amendments would address factors in present and future
developments by providing guidance in the preparation of the collection system for the Allison
service area based on ultimate land use. He said the plan would cover development for the next 20
to 30 years. The plan had been presented to the Planning Commission, department and local
consultants and developers, and had received support for the plan.
Mr. Escobar introduced Mr. Carl Crull with HDR Engineering, the firm hired to complete
the master plan for collection systems that service the Allison area. Mr. Crull displayed a map of
the Allison service area, bounded by the Nueces River and Missouri Pacific Railroad along the
northern boundary; Corn Products Road along the eastern boundary; State Highway 44 along the
southern boundary (including the Clarkwood Township); and the Robstown ETJ and County Road
73 along the western boundary. Within the service area, he noted there were two areas covered by
existing plans that encompassed a large portion of the proposed Wastewater Collection System
Minutes - Regular Council Meeting
September 14, 2004 - Page 21
Master Plan - Allison service area. He provided a brief history on their creation. A sanitary sewer
master plan was adopted in 1964, developed by Reagan and McCaughn, due to an annexation in
1961. A second sanitary sewer master plan covering another area was adopted in 1982 to cover the
Wood River area. One of the shortcomings of the 1982 plan was it stated that the sewer system was
it was not specific enough. In 1984, city staff developed a report specifying how to expand the
sewer system between the Allison plant and other areas.
Mr. Crull stated the flow assumptions staff made for the plan were 70 gallons per person per
day, and 400 gallons per acre of infiltration. He said the land use assumptions were based on the
area development plans, which were not available for use in the previous master plans.
Mr. Crull reported the Allison wastewater collection system was comprised of five
component systems: System 1 (Turkey Creek line); System 2 (Woodland Creek Line); System 3
(Hearn Road Line to Sharpsburg Lift Station); System 4 (Leopard Road Line to Sharpsburg Lift
Station); and System 5 (Sharpsburg Road Line to Sharpsburg Lift Station). He said Systems 1 and
2 would flow directly into the Allison Wastewater Treatment Plant while Systems 3, 4, and 5 would
flow into the Sharpsburg Lift Station and are then pumped into the Allison Wastewater Treatment
Plant.
To create the new Wastewater Collection System Master Plan for the Allison service area,
Mr. Crull stated the following actions were needed:
• the 1964 sanitary sewer master plan had to be amended to include additional areas in the new
master plan
• the 1982 sanitary sewer master plan had to be rescinded in its entirety, except the storm
sewer master plan that is part of it
• delete the area north of IH -37, east of the Turkey Creek wastewater collection main, and
west of Corn Products Road from the 1964 Master Sanitary Sewer Plan. The development
of this area has primarily been large petrochemical plants and associated industrial uses.
These plants have their own treatment facilities to address their domestic wastewater and
industrial process water.
• the area generally bounded by IH -37, Corn Products Road, Sedwick Road, Sedwick Road
extended, and Rhew Road needs to be transferred from the 1964 Allison Service Area to the
Greenwood Service Area. Wastewater flows from this area will be serviced by the
Greenwood Treatment Plant.
• adopt the Wastewater Collection System Master Plan - Allison Service Area.
Mayor Neal noted this plan only covered the Allison Service Area. He asked when the city
would develop plans for the city's other service areas. Mr. Escobar replied the city was deficient on
several of its service area plans, notably the Laguna Madre service area. City Manager Noe added
according to the city's CIP discussions, the plan was to take one of the areas at a time and update it.
In response to Mayor Neal's question, Mr. Foster Edwards, director of wastewater services,
stated the city's wastewater system was operating under a variance with a 20/20 permit. The TCEQ
wanted to see the city operate under a 10/15 permit, which was more expensive. The city and the
TCEQ have been discussing the matter for over 10 years. Mr. Edwards stated he and First City
Attorney Jay Reining were going to discuss the matter with the TCEQ at a meeting soon.
Minutes - Regular Council Meeting
September 14, 2004 - Page 22
There were no comments from the public. A motion was made, seconded, and passed to
close the public hearing. City Secretary Chapa polled the Council for their votes as follows:
30.b. FIRST READING ORDINANCE
Amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan, as
adopted December 23, 1964 by Ordinance No. 7441 (Master Sanitary Sewer Plan for areas
annexed in 1960 and 1961 except Flour Bluff), and rescinding the Sanitary Sewer Master
Plan, save and except the Storm Sewer Master Plan, for the areas of Wood River, River
Hills, Valley View, and Quail Valley, in the area of Farm -to -Market Road 624 west of
Highway 77, adopted March 10, 1982 by Ordinance No. 16927 (Storm Drainage Plan and
Sanitary Sewer Plan for the area west of Calallen (Five Points), by approving and adopting
the Wastewater Collection System Master Plan - Allison Service Area, as shown in
Attachment 1.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Cooper was absent.
* * * * * * * * * *
**
Mayor Neal called for the City Manager's report. City Manager Noe reported the first
meeting for NIP Site 6 took place last night at the Zavala Special Emphasis School. He said there
was record attendance at the meeting, and he thanked the school principal and the neighborhood for
getting the word out. Mr. Noe also referred to a memo on the operation of the detention and
magistration center this weekend. He thanked everyone involved for making the opening as smooth
as possible, especially Judge Tamez and Mr. Rene Mendiola with Municipal Court, the police
department, and Sheriff Larry Olivarez and his office. He said there were a few outstanding
construction items but staff anticipated completely them incrementally over the next few weeks. Mr.
Garrett commented the greatest accomplishment was processing prisoners in 40 minutes on the
average, as opposed to three to four hours in the county.
Mr. Noe also reported Assistant City Manager Mark McDaniel would be leaving the city's
employment. He said the city would hold a function soon to wish him well.
Mayor Neal called for Council concerns and reports. Mr. Noyola gave his condolences to
the family of Ms. Evita Moreno, who passed away recently. He also asked regarding the new dance
hall permit fees, saying non -profits were being adversely affected by the fees. He asked staff to
provide a report on the projected revenues from the dance hall permit fees. Mr. Noyola also thanked
Mayor Neal and Mr. Garrett for participating in the 16 de Septiembre parade. Finally, Mr. Noyola
reported the old TxDOT building near Port and Morgan was in bad shape, and the grass needed to
be mowed.
Mr. Garrett reported a traffic light near Port and Morgan was hanging too low.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 1:08 p.m. on September 14, 2004.